Originally published by robertslawfirm.
In 2015, Chipotle made national headlines when a number of its restaurants were linked to an outbreak of E. coli and norovirus food poisoning incidents. The company shut down 43 of its restaurants and hundreds of people were sickened in several states. Negligent food poisoning cases typically fall under the category of defective product liability claims. They require special proof in order to show liability on the part of a defendant. Generally, a plaintiff must prove at least that: He/she suffered an illness An organism that caused the illness existed There is a connection between the organism and the actual illness The defendant was responsible for the illness Common symptoms of food poisoning include nausea, vomiting, chills, and diarrhea. However, proving that one became sick simply after eating food is not nearly enough. There are other diseases (e.g., influenza) that have similar symptoms to food poisoning. Thus, additional facts must be proven to hold a defendant liable. If others were also made sick by the same food, it can make it easier for you to prove your claim. Plaintiffs will need to demonstrate a probability that the food poisoning was caused by some conduct of the defendant, rather than mere coincidence. For example, it is usually not enough to establish timing and the possibility of food poisoning. In many cases, the specific organism that caused the illness must be found even though various circumstances may make it difficult, if not impossible, to find sufficient medical proof. However, some courts do […]
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